Royal Borough of Greenwich (19 018 048)
Category : Other Categories > Commercial and contracts
Decision : Closed after initial enquiries
Decision date : 02 Mar 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Ms X’s complaint that the Council illegally purchased her property from a third party who had no right to sell it. This is because the matter is more appropriate for consideration by the courts.
The complaint
- The complainant, Ms X, complains the Council purchased her property from a third party who has no right of ownership over it. She says it has taken her home unlawfully and refused her access.
The Ombudsman’s role and powers
- We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
- We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
How I considered this complaint
- I reviewed Ms X’s complaint, shared my draft decision with her and considered her comments.
What I found
- Ms X says a third party has fraudulently claimed ownership of her property and sold it to the Council without her agreement. She says she informed the Council of her dispute with the third party but it has proceeded to purchase it from them. It has now changed the locks to the property and will not allow Ms X to access it.
- The Ombudsman will not investigate this complaint. The Council is not responsible for the actions of the third party in claiming ownership of Ms X’s property and whether the Council has a lawful claim of its own following its purchase is a matter for the courts. This is not something the Ombudsman can decide and we cannot say the Council must return the property to Ms X, having purchased it from a third party in exchange for public funds.
Final decision
- The Ombudsman will not investigate this complaint. This is because the substantive issue concerns a matter of property ownership which the courts are better placed to deal with. The Ombudsman cannot achieve the outcome Ms X wants.
Investigator's decision on behalf of the Ombudsman